Breedlove v. Breedlove
Breedlove v. Breedlove
Opinion of the Court
In Response to Writ of Mandamus
As directed by the supreme court on July 7, 1995, see Ex parte Breedlove, 673 So.2d 415 (Ala. 1995), our January 13, 1995, judgment in this case is set aside and we now review the trial court’s order granting the mother’s post-judgment motion, in accordance with the standard set out in Ex parte McLendon, 455 So.2d 863 (Ala. 1984), The facts and procedural history of this case are sufficiently detailed in Breedlove v. Breed-love, 673 So.2d 406 (Ala.Civ.App. 1993). Reciting additional facts would serve no useful purpose. This court has again thoroughly reviewed the record evidence considered by the trial court. McLendon requires that the parent seeking to modify a custody arrangement show that the change of custody would materially promote the child’s best interests and welfare. The court must consider the disruptive effect caused by uprooting the child. McLendon, at 866.
Given all the circumstances, we conclude that for this child to be in his father’s custody would materially promote his best interests and that the benefits of the change would outweigh any disruption in the child’s life caused by the change. We, therefore, hold that the trial court erred in granting the mother’s post-judgment motion. Accordingly, the March 27, 1992, judgment of the trial court is reversed and the case is remanded for the trial court to enter an order setting aside that March 27,1992, order granting the mother’s post-judgment motion, thus reinstating its December 18,1991, order.
REVERSED AND REMANDED WITH INSTRUCTIONS.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.